WELLS v. MONSEN

ORDERED that the order is affirmed, with costs.

The plaintiffs moved for partial summary judgment on the issue of liability on their claims asserted against the defendants Dix Hills Supercenter, Ltd., Peter A. Monsen, individually and doing business as Yoga College of India, Patricia A. Monsen and Peter A. Monsen, individually and doing business as Bikram College of India, and Yoga Bears, Inc., based on the doctrine of res ipsa loquitur.

As the moving parties, the plaintiffs were required to tender evidentiary proof in admissible form sufficient to warrant judgment in their favor as a matter of law ( see Zuckerman v. City of New York, 49 N.Y.2d 557). The plaintiffs' motion was properly denied since the papers submitted in support of their motion were not in admissible form ( see CPLR 3212, 4518; Speirs v. Not Fade Away Tie Dye Co., 236 A.D.2d 531; Lawlor v. County of Nassau, 166 A.D.2d 692; Krupp v. Aetna Life Cas. Co., 103 A.D.2d 252).

In any event, application of the doctrine of res ipsa loquitur as a basis for granting summary judgment in this case would have been inappropriate ( see Dermatossian v. New York City Tr. Auth., 67 N.Y.2d 219; Feuer v. HASC Summer Program, 247 A.D.2d 429; Davis v. Federated Dept. Stores, 227 A.D.2d 514).

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.